Article 2.5 - Needy Families’ Paperwork Reduction Act of 1990

California Welfare and Institutions Code — §§ 11275-11275.50

Sections (11)

Added by Stats. 1990, Ch. 1586, Sec. 3.

(a)Only verification of information necessary to determine past or present eligibility for or the computation of or delivery of aid shall be requested from an applicant for or recipient of aid under this chapter. Additional information necessary for the administration of the AFDC program may be requested, but the individual’s eligibility for aid shall not be delayed, denied, or terminated due to his or her inability to provide this information.

(b)Within 10 days from the date of application, the county shall identify and provide written notice of documents and alternative documents, if applicable, that may be submitted to verify eligibility.

§ 11275.05

Added by Stats. 1990, Ch. 1586, Sec. 3.

(a)Whenever a former recipient of aid applies for aid before the expiration of one year from the effective date of discontinuance, the county shall examine the existing case file to determine if the necessary verification is in the possession of the county if any of the following criteria is present:

(1)The applicant does not have easy access to the verification.

(2)There is a cost associated with obtaining the verification.

(3)The time needed to obtain the verification would delay the application.

(b)The county shall not be required to examine the existing case file if it would be unreasonable to expect the file to contain the needed verification because the circumstance for which the verification is needed did not exist during the period the applicant previously received aid.

(c)Notwithstanding the provisions of subdivision (a), whenever a former recipient of aid applies for aid within the calendar month following the effective date of a discontinuance, a county shall not require the former recipient to furnish any documentation previously provided to the county unless the documentation is absent from the existing file and the documentation affects eligibility or the amount of aid.

(d)The retrieval and examination of the file shall be conducted in a timely manner to ensure the prompt determination of eligibility for aid.

(e)At the time an applicant described in subdivisions (a) and (c) is requested to obtain and submit to the county verification of eligibility, the county shall inform the applicant, in writing, of the requirements of this section.

§ 11275.10

Added by Stats. 1990, Ch. 1586, Sec. 3.

(a)When an applicant or recipient establishes that he or she has made a good faith effort to obtain information or verification from a third party, including any other public agency, and the third party fails or refuses to provide the information or verification or seeks to impose a charge or fee for providing the information to the applicant or recipient, the county shall assist the applicant or recipient in obtaining the information or verification from the third party, and when necessary, shall obtain the document.

(b)If it is necessary to pay a fee imposed by a third party to obtain the information or verification, the county shall pay that fee on behalf of the applicant or recipient.

(c)If the county finds that he or she has not made a good faith effort to obtain the information or verification, it shall document its reasons for the finding in the client’s file.

(d)Any notice requesting verification shall clearly inform applicants and recipients of the requirements of this section.

§ 11275.15

Added by Stats. 1990, Ch. 1586, Sec. 3.

No application for aid may be denied for failure to provide verification if the applicant is cooperating in obtaining the information requested, except as required by Section 11268.

§ 11275.20

Added by Stats. 1990, Ch. 1586, Sec. 3.

(a)If an applicant is denied assistance solely due to failure to provide verification of eligibility, but subsequently submits all required verifications within 30 days of the date of the denial notice, denial shall be rescinded, and if eligibility is approved, aid shall be granted based on the original application.

(b)The notice of denial of aid for failure to provide verification of eligibility shall advise the applicant of his or her right to have the denial rescinded if he or she meets the requirements of this subdivision.

§ 11275.25

Added by Stats. 1990, Ch. 1586, Sec. 3.

If any provision of this article is in conflict with any federal statute or regulation, it shall be inapplicable to the extent of the conflict, but the remainder of the article shall be unaffected to the extent that no conflict exists.

§ 11275.30

Added by Stats. 1990, Ch. 1586, Sec. 3.

(a)In the event of an initial determination by the Secretary of Health and Human Services that any provision of this section is in conflict with any federal statute or regulation, the department shall take all available and necessary steps to obtain a final determination reversing that decision.

(b)In the event of a final determination finding a conflict with federal law, the department shall immediately request the Attorney General to seek judicial review of the determination and shall immediately notify the appropriate policy and fiscal committees of both houses of the Legislature.

(c)(1) If federal funds are withheld based on a determination by the United States Department of Health and Human Services that any provision of this article conflicts with federal law, the department may adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, if necessary to avoid withholding of federal reimbursement.

(2)The adoption of regulations for that purpose shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, or safety.

(3)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to this paragraph shall not be subject to the review and approval of the Office of Administrative Law, and shall become effective immediately upon filing with the Secretary of State.

(d)The department shall continue to implement provisions of this article which are unaffected by the determination.

§ 11275.35

Added by Stats. 1990, Ch. 1586, Sec. 3.

(a)If the determination that all or any provision of this article conflicts with federal law is reversed, the department shall reinstate the provision or provisions it had ceased implementing as a result of the withholding of funds, and may adopt emergency regulations for that purpose.

(b)The adoption of regulations for purposes of subdivision (a) shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, or safety.

(c)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to this section shall not be subject to the review and approval of the Office of Administrative Law, and shall become effective immediately upon filing with the Secretary of State.

§ 11275.40

Added by Stats. 1990, Ch. 1586, Sec. 3.

This article applies to all applicants for, and recipients of, aid under this chapter, regardless of whether federal financial participation is available for the family.

§ 11275.45

Added by Stats. 1990, Ch. 1586, Sec. 3.

(a)This article shall be applied prospectively only, and shall apply only with respect to applications for aid made on or after July 1, 1991.

(b)This section shall not prohibit a county welfare department from verifying information provided prior to July 1, 1991, in the administration of this article.

§ 11275.50

Added by Stats. 1990, Ch. 1586, Sec. 3.

The State Department of Social Services shall consult with the County Welfare Directors Association when developing state budget estimates on the administrative funds necessary to implement this article.